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1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Laser System Act of 1997 is amended by
5changing Sections 15, 20, 30, 35, 40, 50, and 55 and by adding
6Sections 16 and 17 as follows:
7    (420 ILCS 56/15)
8    Sec. 15. Definitions. For the purposes of this Act, unless
9the context requires otherwise:
10        (1) "Agency" means the Illinois Emergency Management
11    Agency.
12        (2) "Director" means the Director of the Illinois
13    Emergency Management Agency.
14        (3) "FDA" means the Food and Drug Administration of
15    the United States Department of Health and Human Services.
16        (4) "Laser installation" means a location or facility
17    where laser systems are produced, stored, disposed of, or
18    used for any purpose. "Laser installation" does not
19    include any private residence.
20        "Laser installation operator" means an individual,
21    group of individuals, partnership, firm, corporation,
22    association, or other entity conducting any business or
23    activity within a laser installation.



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1        (5) "Laser machine" means a device that is capable of
2    producing or projecting laser radiation when associated
3    controlled devices are operated.
4        (6) "Laser radiation" means an electromagnetic
5    radiation emitted from a laser system and includes all
6    reflected radiation, any secondary radiation, or other
7    forms of energy resulting from the primary laser beam.
8        "Laser safety officer" means an individual who is
9    qualified by training and experience in the evaluation and
10    control of laser hazards, as evidenced by satisfaction of
11    the training and experience requirements adopted by the
12    Agency under subsection (b) of Section 16, and who is
13    designated, where required by Sections 16 and 17, by a
14    laser installation operator or temporary laser display
15    operator to have the authority and responsibility to
16    establish and administer a laser radiation protection
17    program for a particular laser installation or temporary
18    laser display.
19        (7) "Laser system" means a device, laser projector,
20    laser machine, equipment, or other apparatus that applies
21    a source of energy to a gas, liquid, crystal, or other
22    solid substances or combination thereof in a manner that
23    electromagnetic radiations of a relatively uniform wave
24    length are amplified and emitted in a cohesive beam
25    capable of transmitting the energy developed in a manner
26    that may be harmful to living tissues, including, but not



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1    limited to, electromagnetic waves in the range of visible,
2    infrared, or ultraviolet light. Such systems in schools,
3    colleges, occupational schools, and State colleges and
4    other State institutions are also included in the
5    definition of "laser systems". "Laser system" includes
6    laser machines but does not include any device, machine,
7    equipment, or other apparatus used in the provision of
8    communications through fiber optic cable.
9        (8) "Operator" is an individual, group of individuals,
10    partnership, firm, corporation, association, or other
11    entity conducting the business or activities carried on
12    within a laser installation.
13        "Temporary laser display" means a visual effect
14    display created for a limited period of time at a laser
15    installation by a laser system that is not a permanent
16    fixture in the laser installation for the entertainment of
17    the public or invitees, regardless of whether admission is
18    charged or whether the laser display takes place indoors
19    or outdoors.
20        "Temporary laser display operator" means an
21    individual, group of individuals, partnership, firm,
22    corporation, association, or other entity conducting a
23    temporary laser display at a laser installation.
24(Source: P.A. 102-558, eff. 8-20-21.)
25    (420 ILCS 56/16 new)



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1    Sec. 16. Laser safety officers.
2    (a) Each laser installation whose function is for the use
3of a temporary laser display shall use a laser safety officer.
4    (b) The Agency shall adopt rules specifying minimum
5training and experience requirements for laser safety
6officers. The requirements shall be specific to the evaluation
7and control of laser hazards for different types of laser
8systems and the purpose for which a laser system is used.
9    (c) If a laser safety officer encounters noncompliance
10with this Act or rules adopted under this Act in the course of
11performing duties as a laser safety officer, then the laser
12safety officer shall report that noncompliance to the Agency
13as soon as practical to protect public health and safety.
14    (d) No person may act as a laser safety officer or
15advertise or use any title implying qualification as a laser
16safety officer unless the person meets the training and
17experience requirements of this Act and the training and
18experience requirements established by the Agency under
19subsection (b).
20    (420 ILCS 56/17 new)
21    Sec. 17. Temporary laser displays; temporary laser display
23    (a) Each temporary laser display operator shall ensure
24that each temporary laser display has a laser safety officer
25physically present at the setup, rehearsal, and performance of



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1the temporary laser display to ensure that all laser systems
2in operation at the laser installation meet the requirements
3of this Act and any rules adopted by the Agency under this Act.
4    (b) Each laser safety officer for a temporary laser
5display shall act independently of any temporary laser display
6operator for the temporary laser display.
7    (c) Each laser installation operator and temporary laser
8display operator shall provide the laser safety officer access
9to all necessary areas of the temporary laser display's
10location, including, but not limited to, access during the
11temporary laser display to any backstage area, and shall
12provide all details regarding the laser installation and the
13laser system necessary for the laser safety officer to ensure
14that the temporary laser display is conducted safely and in
15accordance with this Act and any rules adopted by the Agency
16under this Act.
17    (d) Each temporary laser display operator shall ensure
18that the registration and notification requirements under
19Section 20 are complied with for each temporary laser display
20that the temporary laser display operator conducts.
21    (e) Each temporary laser display operator shall indemnify
22each laser safety officer and hold the laser safety officer
23harmless from:
24        (1) the temporary laser display operator's failure to
25    comply with the provisions of this Act and rules adopted
26    by the Agency under this Act; and



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1        (2) all damages, including, but not limited to, bodily
2    injury, death, and physical damage to property, resulting
3    from a temporary laser display.
4    (f) Each temporary laser display operator shall maintain a
5policy of general liability insurance in an amount that is
6commercially reasonable, but not less than $1,000,000, and
7that covers each temporary laser display and laser safety
9    (420 ILCS 56/20)
10    Sec. 20. Registration requirements; notification
12    (a) Each An operator of a laser installation operator,
13unless otherwise exempted, shall register the laser
14installation with the Agency before using a laser system at
15the laser installation before the installation is placed in
16operation. The registration shall be filed annually on a form
17prescribed by the Agency and shall include the laser safety
18officer's name. If any change occurs in a laser installation,
19the change or changes shall be registered with the Agency
20within 30 days. If registering a change in each source of laser
21radiation or the type or strength of each source of radiation
22is impractical, the Agency, upon request of the operator, may
23approve blanket registration of the installation. Laser
24installations registered with the Agency on the effective date
25of this Act shall retain their registration.



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1    (b) Each temporary laser display operator, unless
2otherwise exempted, shall register as a temporary laser
3display operator with the Agency before conducting a temporary
4laser display in this State. A temporary laser display
5operator must register only once with the Agency but must
6update the temporary laser display operator's registration
7information provided in obtaining the temporary laser display
8operator's registration as needed. Registration may be
9completed or updated at the same time as the notification
10required under subsection (d). Registration shall be submitted
11in a format prescribed by the Agency.
12    (c) Registration of a laser installation or temporary
13laser display operator shall not imply approval of
14manufacture, storage, use, handling, operation, or disposal of
15laser systems or laser radiation, but shall serve only merely
16as notice to the Agency of the location and character of
17radiation sources in this State.
18    (d) Once registered with the Agency, each temporary laser
19display operator shall provide notice to the Agency of each
20temporary laser display at least 10 working days before
21conducting the temporary laser display. The notification shall
22include any information required by the Agency by rule and the
23name of a laser safety officer who will be physically present
24during the setup, rehearsal, and performance of the temporary
25laser display. For each notification submitted under this
26subsection, the Agency shall provide a written approval or



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1rejection to the temporary laser display operator prior to the
2temporary laser display.
3(Source: P.A. 95-777, eff. 8-4-08.)
4    (420 ILCS 56/30)
5    Sec. 30. Registration fee. The Agency may establish by
6rule a registration fee for laser installation operators and
7temporary laser display operators operators of laser machines
8required to register with the Agency under this Act. The
9Agency may by rule exempt State and local governmental
10entities public institutions from the registration fee
11requirement. Registration fees assessed shall be due and
12payable within 60 days after the date of billing. If, after 60
13days, the registration fee is not paid, the Agency may issue an
14order directing the laser installation operator or temporary
15laser display operator operator of the installation to cease
16use of the laser machines located at the laser installation
17for which the fee is outstanding or take other appropriate
18enforcement action as provided in Section 36 of the Radiation
19Protection Act of 1990. An order issued by the Agency shall
20afford the laser installation operator or temporary laser
21display operator a right to a hearing before the Agency. A
22written request for a hearing must be served on the Agency
23within 10 days of notice of the order. If the laser
24installation operator or temporary display operator fails to
25file a timely request for a hearing with the Agency, the laser



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1installation operator or temporary display operator shall be
2deemed to have waived his or her right to a hearing. All moneys
3received by the Agency under this Act shall be deposited into
4the Radiation Protection Fund and are not refundable. Pursuant
5to appropriation, moneys deposited into the Fund may be used
6by the Agency to administer and enforce this Act.
7(Source: P.A. 95-777, eff. 8-4-08.)
8    (420 ILCS 56/35)
9    Sec. 35. Agency rules. The Agency is authorized to adopt
10rules for the administration and enforcement of this Act and
11to enter upon, inspect, and investigate the premises and
12operations of all laser installations systems of this State
13and to inspect and investigate the operations of temporary
14laser display operators, whether or not the laser installation
15is systems are required to be registered or notification is
16required by this Act. In adopting rules authorized by this
17Section and in exempting certain laser systems from the
18registration and notification requirements of Section 20, the
19Agency may seek advice and consultation from engineers,
20physicists, physicians, or other persons with special
21knowledge of laser systems and of the medical and biological
22effects of laser systems.
23(Source: P.A. 95-777, eff. 8-4-08.)
24    (420 ILCS 56/40)



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1    Sec. 40. Reports of accidental injuries. A laser
2installation operator, temporary laser display operator, and
3laser safety officer The operator of a laser system shall
4promptly report to the Agency any an accidental injury to an
5individual in the course of use, handling, operation,
6manufacture, or discharge of a laser system.
7(Source: P.A. 95-777, eff. 8-4-08.)
8    (420 ILCS 56/50)
9    Sec. 50. Public nuisance; injunctive relief. The
10conducting of any business or the carrying on of activities
11within a laser installation without registering a laser
12installation, without registering a temporary laser display
13operator, without providing notification required for a
14temporary laser display, or without complying with the
15provisions of this Act and any rules adopted by the Agency
16under this Act relating to the laser installation is declared
17to be inimical to the public welfare and public safety and to
18constitute a public nuisance. It is the duty of the Attorney
19General, upon the request of the Agency, to bring an action in
20the name of the People of the State of Illinois to enjoin a
21laser installation operator or temporary laser display an
22operator from unlawfully engaging in the business or activity
23conducted within the laser installation until the laser
24installation operator or temporary laser display operator of
25the installation complies with the provisions of this Act.



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1This injunctive remedy shall be in addition to, and not in lieu
2of, any criminal penalty provided in this Act.
3(Source: P.A. 95-777, eff. 8-4-08.)
4    (420 ILCS 56/55)
5    Sec. 55. Penalties. A laser installation operator or
6temporary laser display operator An operator who fails to
7comply with the provisions of this Act is guilty of a Class B
8misdemeanor. Each day a laser installation operator or
9temporary laser display operator an operator fails to comply
10with the provisions of this Act constitutes a separate
12(Source: P.A. 90-209, eff. 7-25-97.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.